Motorcycle Accident Claims in Lawton, OK
Motorcyclists fight an uphill battle in personal injury law. The bias isn’t legal. It comes from juror bias against motorcyclists. Insurers exploit this bias. A local attorney experienced with motorcycle crashes brings the right approach to a uniquely challenging area of injury law.
The Bias Problem That Defines These Cases
Juror Prejudice Against Motorcyclists
Studies consistently show juror bias against motorcyclists.
Common juror beliefs that hurt motorcycle cases including:
- Motorcyclists are reckless
- If you ride a motorcycle, you accepted the danger
- Riders are usually speeding
- Riders weave dangerously
- Motorcyclists are partly to blame for any crash
These beliefs are often wrong. Research on crash causation shows motorists — not motorcyclists — most often cause crashes between cars and motorcycles.
Prejudice continues regardless of crash statistics.
Insurance Companies Exploit This Bias
Carriers understand the prejudice problem.
Carriers leverage bias by:
- Disputing fault even when the driver was clearly at fault
- Offering low settlement amounts
- Arguing rider contribution
- Refusing to settle reasonable cases
Overcoming Juror Bias
Building motorcycle cases for success requires distinct tactics.
Important approaches involve:
- Careful jury selection
- Reframing the rider as a normal person who happened to be riding
- Teaching jurors what motorcyclists actually do
- Presenting accident reconstruction evidence
- Showing the rider’s training, experience, and safety practices
Why Motorcycle Injuries Are Catastrophic
No Vehicle Protection
Riders are exposed in ways car drivers aren’t.
In a car-motorcycle crash, the energy transfers to the rider’s body.
Ejection From the Motorcycle
Riders are typically ejected from motorcycles in crashes.
After ejection, additional injuries include striking the road, striking other vehicles, striking objects, being run over by other vehicles, sliding on the pavement.
Distinctive Injury Patterns
Traumatic Brain Injury
TBI is common in motorcycle crashes. Helmet use reduces but doesn’t eliminate this risk.
Road Rash
Sliding on pavement generates significant abrasion injuries. Severity varies widely.
Internal Injuries
Internal organ damage frequent in motorcycle crashes.
Fractures
Fractures frequently occur.
Spinal Cord Injuries
Spinal cord injuries may result in paralysis.
Amputation Injuries
Significant trauma may necessitate amputation.
Permanent Disfigurement
Combined injuries often produce permanent disfigurement affects daily life.
Common Causes of Motorcycle Crashes
Left-Turning Vehicles
Left-turning vehicles.
This is the leading crash type.
Failure to see motorcycles or misjudges its speed or distance.
Lane Changes Into Motorcycles
Lane-change crashes against motorcycles account for many crashes.
Motorcycle blind-spot crashes accounts for many lane-change crashes.
Rear-End Crashes
Vehicles rear-ending motorcycles create catastrophic outcomes. At signals or stop signs.
Driver Failing to Yield
Right-of-way violations against motorcycles.
Vehicles Crossing Centerlines
Cross-centerline crashes are extremely dangerous.
Distracted Drivers
Distracted driving are particularly dangerous to motorcyclists.
Drunk and Impaired Drivers
Impaired drivers are a significant cause.
Road Hazards
Road hazards that don’t significantly affect cars cause crashes for motorcyclists. Specific road hazards.
Defective Motorcycles or Components
Manufacturing defects or design flaws can cause crashes.
Helmet Laws and Comparative Fault
Helmet Laws Vary by State
Helmet laws vary by state. Some states require helmets for all motorcyclists; others require them only for certain riders; no helmet requirements.
Helmet Use and Comparative Fault
Even where helmet use isn’t required by law, defense often argues failure to wear a helmet should reduce damages.
Different jurisdictions handle this differently:
- Some jurisdictions allow this argument to reduce damages
- Other states prohibit this argument
- Some states limit this argument’s scope
Helmet Use Where Legally Required
In states with mandatory helmet laws, helmet non-use can reduce damages.
Helmet Standards and Quality
Even helmet-wearing riders may face challenges.
Type of helmet worn may be argued.
Damages in Motorcycle Cases
Recoverable losses include include:
Medical Costs
- Trauma center costs
- Surgical care
- Hospital stays
- ICU costs
- Rehabilitation
- Continuing care
- Long-term medical needs
- Adaptive equipment
- Home adaptations
Lost Wages and Earning Capacity
Major income loss.
Property Damage
Vehicle damages, plus damage to riding gear, plus other property damage.
Pain and Suffering
Pain damages are typically major.
Loss of Enjoyment of Life
Loss of riding as a lifestyle activity. This itself can be significant damages.
Mental Health Treatment
Mental health damages. Riding-related anxiety.
Loss of Consortium
Effects on intimate relationships.
Wrongful Death
In fatal motorcycle crash cases.
Punitive Damages
Exemplary damages may be recoverable.
Common Insurance Defenses
“The Rider Was Speeding”
Speed defenses despite evidence. Expert testimony can rebut.
“The Rider Was Weaving”
“You were weaving”.
“The Rider Wasn’t Visible”
Defense argues the rider’s visibility. Visibility duty rests on drivers.
“The Rider Assumed the Risk”
Defense argues riders accepted the inherent risk of motorcycle riding. Assumption of risk doesn’t usually bar negligence.
“The Rider Wasn’t Wearing a Helmet”
Helmet-related defenses.
“Comparative Fault”
Comparative negligence.
“Pre-Existing Conditions”
Prior medical history.
Critical Steps After a Motorcycle Crash
Get Immediate Medical Attention
Even with apparently minor symptoms, motorcycle crash victims often have injuries that aren’t immediately apparent.
Stay at the Scene Until Police Arrive
Stay put until law enforcement responds.
Document the Crash Scene
Photograph the motorcycle, the other vehicle(s), the scene, road conditions.
Preserve the Motorcycle
The bike is critical evidence. Don’t allow it to be repaired or destroyed before expert examination.
Get Witness Information
Witness identification.
Photograph Your Gear
Riding gear documentation can be evidence.
Don’t Discuss Fault at the Scene
Leave fault determination to investigators.
Get a Police Report
Official documentation is essential.
Don’t Speak With Insurance Adjusters Without Counsel
Insurance adjusters call quickly. Recorded statements before legal advice hurt the case in lasting ways.
Riding Gear and Damages
Protective gear matters to the case.
Showing you wore safety equipment can counter defense arguments.
The Underinsured Motorist Problem
Motorcycle crashes often involve catastrophic injuries. Other drivers’ coverage may be inadequate.
Personal UIM coverage provides additional coverage.
Verifying available coverage matters to recovery.
Attorney Costs
Counsel handling these cases earn fees only on recovery. Expert costs run high reimbursed from the recovery.
Move Quickly
These cases need quick attention.
The crash evidence requires preservation.
Witness memories require prompt investigation.
Camera evidence get overwritten on short retention cycles.
Filing deadlines continues running.
Connecting with a Lawton motorcycle accident attorney quickly triggers preservation steps.